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U.S. Bank, N.A. v. Lewis

United States District Court, E.D. North Carolina, Southern Division

February 15, 2019

U.S. BANK, N.A., AS TRUSTEE FOR GREEN TREE 2008-HE1, Plaintiff,
v.
MARTHA L. LEWIS, ROY NEIL LEWIS, KELLY DIANE LEWIS, CLARA D. LEWIS, RUBY A. BAZEN, formerly known as RUBY TODD LEWIS, and DEPARTMENT OF TREASURY - INTERNAL REVENUE SERVICE, Defendants.

          DEFAULT ORDER AND JUDGMENT AS TO DEFENDANTS MARTHA L. LEWIS, ROY NEIL LEWIS, KELLY DIANE LEWIS, CLARA D. LEWIS, AND RUBY A. BAZEN FORMERLY KNOWN AS RUBY TODD LEWIS

          James C. Dever III United States District Judge

         THIS CAUSE was decided by the undersigned United States District Court Judge presiding over the, 2019 session of the United States District Court, Eastern District, Southern Division, North Carolina, on Plaintiffs Motion for Default Judgment against Defendants Martha L. Lewis ("Martha"), Roy Neil Lewis ("Roy"), Kelly Diane Lewis ("Kelly"), Clara D. Lewis ("Clara"), and Ruby A. Bazen, formerly known as Ruby Todd Lewis ("Ruby") (collectively, the "Defaulted Defendants") for their failure to file an appearance or answer, or otherwise plead to Plaintiffs Complaint.

         It appearing to the Court that default was entered against the Defaulted Defendants by the Clerk of Superior Court of Brunswick County, North Carolina on February 8, 2018 (prior to the case being removed to this Court) for their failure to plead or otherwise defend as required by law.

         It further appearing to the Court that the Defendants were properly served with a copy of the Motion for Default Judgment, Supporting Memorandum of Law, and a Proposed Default Order and Judgment, as shown by Plaintiffs Certificate of Service filed January 24, 2019, and it appearing that this matter is properly before this Court.

         The Court makes the following findings of fact and legal conclusions:

         FINDINGS OF FACT

         1. The real property that is the subject of this lawsuit is located in Brunswick County, North Carolina and-is more particularly described as follows:

Commencing at an existing MAG nail in the intersection of Village Point Road Southwest and Bay Road Southwest following two (2) courses and distances along the western margin of Village Point Road Southwest: (i) N 41-17-40 W 398.21 feet to a 5/8" existing iron pipe; and (ii) N 39-46-35 W 99.91 feet to an existing axle, said axle being the Point and Place of Beginning; thence from said Point and Place of BEGINNING, proceed the following five (5) courses and distances: (i) S 50-57-07 W 231.71 feet to an existing axle at a Bradford Pear; (ii) N 43-48-30 W 178.75 feet to a 5/8" existing iron pipe; (iii) N 25-29-14 E 258.59 feet to a 5/8" existing iron pipe; (iv) S 42-00-00 E 227.01 feet to a 5/8" rebar set; and (v) S 39-27-00 E 60.56 feet to the Point and Place of BEGINNING.
Said property being the 1.27 acre tract as shown on the survey performed by William D. Lewis, Jr. of Bobby M. Long & Associates dated July 20, 2017 and entitled "Boundary Survey for U.S. Bank, N.A."
(the "Property").
2. On June 11, 1986, Danny Neil Lewis ("Danny") took title to the Property via a deed recorded with the Brunswick County Register of Deeds in Book 649 at Page 1074 (the "Deed").
3. Due to a mutual mistake on the part of the draftsmen and a mutual mistake between the parties, the Deed's legal description does not include two call distances and a point of direction in the Third Tract.
4. In 2001, U.S. Bank, N.A., as Trustee for Green Tree 2008-HEl's ("Plaintiff or "U.S. Bank") predecessor in interest, Conseco Finance Servicing Corp. ("Conseco"), agreed to loan Danny, and his former wife, Clara, $94, 500.00, in exchange for a first position Hen on the Property.
5. On February 27, 2001, a deed of trust from Danny and Clara to Conseco, U.S. Bank's predecessor in interest, attempting to secure the Loan to the Property was recorded with the Brunswick County Register of Deeds in ...

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